Maryland Condo and HOA Resale Disclosure Law Revised

New resale disclosure requirements for Maryland condominiums and homeowner associations apply beginning October 1, 2016.  Condos will now be required to provide prospective purchasers with the current reserve study report or a summary of the report, and a statement of the status and amount of any reserve or replacement fund.  There are also changes regarding disclosure of unsatisfied judgments against the condominium and pending lawsuits to which the condominium is a party.

Condo Resales. The condo resale disclosure information will no longer require a statement as to whether the association has knowledge of an alteration or improvement to the unit or limited common elements assigned to the unit are in violation of the bylaws or rules. And, the required statement about common element health or building code violations will be limited to actual knowledge of such violations.

The fees which a condominium may charge for providing the resale disclosure certificate and condo documents is capped at $250 plus additional fees up to $100 to inspect the unit and rush fees up to $100.

HOA Resales.  Additionally, Maryland homeowner associations for the first time will be required to provide information and documents to owners when they sell their property.  This includes information about the total amount of assessments and fees charged by the association; whether any of the assessments or fees are delinquent; the contact information for the associations of its management agent; unsatisfied court judgements; and pending claims, covenant violation actions or notices of default against to property.

A homeowners association may charge up to $250 for the resale disclosure information and HOA documents plus rush fees of up to $100.

Posted by Thomas Schild Law Group, LLC, attorneys for condominiums, homeowner associations, and housing cooperatives in Maryland–including Montgomery County, Prince George’s County; Howard County; and Frederick County; and in Washington, D.C.

 

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